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District: Hooghly

In The High Court at Calcutta


Civil Revisional Jurisdiction

C..A.N.

of 2015

C.O. 508 of 2015


In the matter of:
An application praying for stay of all
the

further

before
(Senior

proceeding

Learned

2nd

Division)

at

pending

Civil

Judge

Alipore

in

Petition No. ES- 2345 of 2014 in


Title Suit No. 1457 of 2010 till
disposal

of

this

Revisional application;
-AndIn the Matter of:

instant

civil

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Ms. Maya Dayani, daughter of Sri K.
L. Dayani, residing at 240, S. N. Roy
Road,

Flat No. 4A, Metro Towers,

Police Station- Behala, Kolkata-700


038;
Applicant/Petitioner

- Versus

HSBC Electronic Data Processing


India Private Limited, a Company
incorporated under the provisions of
the

Companies

Act,

1956

and

carrying on its business, inter alia,


from its Office at Hexagon House,
Gandhi

Place,

Siripuram

VUDA

Compound,
Junction,

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Visakhapatnam,

Andhra

Pradesh,

PIN- 530 003,

Opposite Party
To,
The Hon'ble Mrs. Manjula Chellur, Chief Justice and Her
Companion Justices of the said Hon'ble Court

The humble petition on behalf of


the

Applicant

Petitioner

abovenamed most respectfully

Sheweth

1.

Your Petitioner being Plaintiff, has filed a suit against the


Opposite Party being the Defendant, praying inter alia, a)
Declaration that the termination of the Plaintiffs services by

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the Defendant Company is bad in law and illegal, and is null
and void; b) Decree of Rs. 1, 20, 00, 1000/- (Rupees One
Crore Twenty Lakhs and one hundred) on account of
damages suffered by the Plaintiff as well as declaration, and
alternatively, an enquiry into damages; c) Costs; and d) Such
further and/or other reliefs (hereinafter referred to as the
said suit).

2.

The Opposite Party being the Defendant duly contested


the said suit upon filing written statement.

3.

Thereafter the Petitioner adduced her evidence upon filing


evidence-in-chief. Subsequently she had been duly crossed
by the Defendant.

4.

Thereafter, when the Defendant filed his affidavit-in-chief,


then the Petitioner noticed that the contents of paragraph
no. 5 of the Affidavit-in-Chief of the Defendant is not in

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accordance with the documents shown to her during her
cross examination.

5.

The Petitioner states that the original resume of the


Petitioner as shown to her during the course of her cross
examination does not show/demonstrates the alleged facts
as stated in the evidence on affidavit by the authorized
representative of the Opposite Party.

6.

7.

At the time of her cross examination,

8.

instant Revisional application under section 24 of the


Code of Civil Procedure praying inter alia, for transfer the
Matrimonial Suit being No. 56 of 2015, pending before the
Learned Additional District Judge at Arambagh, DistrictHooghly to any competent court having jurisdiction at
Alipore Court and issue a Rule calling upon the Opposite

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Party to show-cause as to why the order prayed for herein
should not be allowed and upon hearing the cause that may
be shown or if no cause is shown to make the Rule absolute.
9.

The aforesaid Revisional application came to be taken up


for hearing by the Honble Justice Ashis Kumar Chakraborty
on September 1, 2015 and vide order dated September 1,
2015, His Lordship was pleased to inter alia pass the
following order:

Having

considered

the

statements

made

in

this

application, I am satisfied that the petitioner has made out a


strong prima facie case for interim protection. Accordingly,
there shall be an order directing stay of all further
proceedings of the Matrimonial Suit No. 56 of 2015 [Prabhat
Kumar

Bandyopadhyay

vs.

Papiya

(Chakraborty)] till September 30, 2015.

Bandyopadhyay

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The petitioner is directed to serve a copy of this application
upon the opposite party by speed post with A/D and to file
an affidavit of service on the next date fixed for hearing.

Let this application appear under the heading Contested


Application under Section 24 on September 24, 2015
A copy of the aforesaid order dated September 1, 2015 as
passed by the Honble Justice Ashis Kumar Chakraborty in
C.O. 3207 of 2015 as obtained from the official server of this
Honble Court is annexed herewith and is marked as
Annexure A.

10.

Your Petitioner most respectfully states that the next date


fixed in the Learned Court below in connection with the
instant matrimonial proceeding is 30.09.2015.

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11.

Your Petitioner most respectfully states that the aforesaid


interim order of stay is about to expire on the same date i.e.
on September 30, 2015 and it is thus for the interest of
justice, the interim order dated September 1, 2015 as passed
by the Honble Justice Ashis Kumar Chakraborty in C.O.
3207 of 2015 be extended till disposal of the instant
Revisional application.

12.

The instant application is made bona fide and for the


ends of justice.

In the circumstances it is most


respectfully

prayed

that

Your

Lordship may graciously be pleased


to stay all the further proceeding
pending before Learned 2nd Civil
Judge (Senior Division) at Alipore

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in Petition No. ES- 2345 of 2014 in
Title Suit No. 1457 of 2010 till
disposal

of

this

instant

civil

Revisional application;

And

Pass such other or further order or


orders as your Lordships may deem
fit and proper.

And for this act of kindness Your Petitioner as in duty bound shall
ever pray.

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Affidavit
I, Ms. Maya Dayani, daughter of Mr. K. L. Dayani, by faith Hindu,
by occupation Housewife, aged about

years, residing at 240, S.

N. Roy Road, Flat No. 4A, Metro Towers, Police Station- Behala,
Kolkata-700 038, do hereby solemnly affirm and say as follows :1.

That I am the Petitioner abovenamed and as such I am


fully conversant with the facts & circumstance of this case out of
which this instant application has arisen and as such I am
competent to affirm this affidavit.

2.

That the statements made in paragraph Nos.

are

derived from official records and those made in paragraphs

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are true to my knowledge as derived from the Petitioner and the
rests are their humble submissions before this Hon'ble Court.

Prepared in my office

The deponent is known to me

Advocate.

Clerk to Mr
Advocate

Solemnly affirmed before me


on this the

day of September, 2015

Commissioner

District Hooghly

In The High Court at Calcutta


Civil Revisional Jurisdiction
C.A.N.

of 2015

C.O. No. 508 of 2015

In the matter of :
An application praying for extension of
the order dated September 1, 2015
passed by Honble Justice Ashis

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Kumar Chakraborty in C.O. No. 3207
of 2015;
And
In the matter of:
Smt. Maya Dayani
... Applicant/Petitioner
- Versus
HSBC

Electronic

Data

Processing

India Private Limited


... Respondent/
Opposite Party

Application

Debashis Banerjee, Advocate


Bar Association Room No. 16
High Court, Calcutta